The Ombudsman's final decision
Summary: We will not investigate Ms B’s complaint that her window was damaged when a Council worker was cutting grass. This is because it is reasonable for Ms B to pursue her compensation claim by taking the Council to court.
The complaint
Ms B complains the front window of her home was smashed when a Council worker was cutting the grass verge outside her property. Ms B says despite the Council’s insurer accepting the worker caused this damage, it has not accepted negligence and has refused her claim for compensation. Ms B says this matter has caused her considerable stress and she would like the Council to reimburse her repair costs of £260.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Act says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Ms B.
I considered the Ombudsman’s Assessment Code.
My assessment
We do not normally investigate complaints about property damage. This is because in effect such complaints are that an organisation has been negligent.
Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. Only the courts can decide if an organisation was negligent, and if so, make an order for damages. We cannot recommend actions or payments that ‘punish’ an organisation.
Ms B has received the Council’s insurer’s decision on her compensation claim. Ms B may now pursue her claim by taking the Council to court.
I find it is reasonable for Ms B to do this, either directly or via her home insurer. The initial fee for making a claim is relatively modest and only the courts can decide the issue Ms B complains about.
So, we will not investigate this complaint.
Final decision
We will not investigate Ms B’s complaint because it is reasonable for her to take the Council to court.
Investigator's decision on behalf of the Ombudsman